NY State Senate Bill 2023-S5419

Current Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2024	recommit, enacting clause stricken
Jan 03, 2024	referred to transportation
Mar 03, 2023	referred to transportation

co-Sponsors

2023-S5419 (ACTIVE) - Details

See Assembly Version of this Bill:: A218
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §2222, V & T L; amd §§21.07 & 27.17, Pks & Rec L
Versions Introduced in 2021-2022 Legislative Session:: S6711, A7747

2023-S5419 (ACTIVE) - Summary

Increases fees for snowmobile trail development and maintenance for residents; adjusts the fee structure for snowmobile registrations for residents and non-residents of New York who do not belong to an organized New York state snowmobile club.

2023-S5419 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5419

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law and the parks, recreation
and historic preservation law, in relation to fees for snowmobile trail
development and maintenance

 
PURPOSE OR GENERAL IDEA OF BILL:

To adjust the fee structure for snowmobile registrations in relation to
funding snowmobile trail development and maintenance.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 4-a of § 2222 of the vehicle and traffic
law to increase fees for the registration of snowmobiles from ninety
dollars to one hundred twenty-five dollars for residents of New York
that do not belong to an organized New York State snowmobile club, and
from ninety dollars to one hundred twenty-five dollars for non-residents
of New York that do not belong to an organized New York State snowmobile

club. Additionally, it raises the fee on club (resident and non-resi-
dent) members from thirty-five to fifty-five dollars.

Section 2: Amends § 21.07 of the parks, recreation and historic preser-
vation law to increase fees for the registration of snowmobiles from
ninety dollars to one hundred twenty-five dollars for residents of New
York that do not belong to an organized New York State snowmobile club,
and from ninety dollars to one hundred twenty-five dollars for nonresi-
dents of New York that do not belong to an organized New York State
snowmobile club. Additionally, it raises the fee on club members (resi-
dent and non-resident) from thirty-five to fifty-five dollars. These
fees go to the Snowmobile Trail Development and Maintenance Fund.

Section 3: amends section (related to state aid for27.17 of the Parks,
and Historic Preservation Law snowmobile trail development and mainte-
nance) to:

Require local governments maintenance grant to file of their expendi-
tures;applying for a snowmobile trail development and an application in
September rather than an estimate

Require the Department to pay the 30% balance of grants by June of the
year following the completion of a project covered by the grant;

Changes the allocation formula of the snowmobile trail maintenance and
development fund, to be capped and estimated by the Parks Commissioner
available for grants under the program. Requires the Commissioner to
establish a pro-rated base rate per mile of trail, which shall be a base
grant per local sponsor;

Section 4: Establishes the Effective Date.

 
JUSTIFICATION:

New York's snowmobile registration fees have remained the same since
2006, when the Snowmobiler's Rights and Responsibilities act enacted.
These fees are used for the Snowmobile Trail Development and Maintenance
Fund, which establishes a mechanism for allocating funds to local
governmental sponsors that engage in the development and maintenance of
snowmobile trails designated as part of the State Snowmobile Trail
System. The fund is administered by New York State Office of Parks,
Recreation and Historic Preservation, through the Snowmobile Unit.
Currently, New York is one of only a few states, and the only state in
the Northeast where non-residents pay the same as resident snowmobilers.
For example, neighboring Vermont, New Hampshire and Maine all charge
more for a nonresident to ride their trails. This legislation would
provide an estimated $2,000,000 in new funding for the Snowmobile Trail
Development and Maintenance Fund, which would greatly enhance the winter
tourism industry in New York.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.6711B (Reported to Finance)/ A.7747B (Passed Assembly)

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This legislation would have positive fiscal implications for the State
and Local Governments as it would boost revenue to the Snowmobile Trail
Development and Maintenance Fund, which would help to increase winter
tourism, which in turn brings state and local sales tax revue to govern-
ments. It is estimated to add approximately $2,000,000 to the Snowmobile
Trail Development and Maintenance Fund.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date

2023-S5419 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5419
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by  Sens.  KENNEDY, BRESLIN, MANNION, RYAN -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Transportation
 
 AN  ACT  to  amend the vehicle and traffic law and the parks, recreation
   and historic preservation law, in  relation  to  fees  for  snowmobile
   trail development and maintenance

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4-a of section 2222 of the vehicle and  traffic
 law,  as  amended by chapter 609 of the laws of 2005, is amended to read
 as follows:
   4-a. Additional fee.  In addition to the other fees  provided  for  in
 paragraphs  (a),  (b)  and  (c)  of subdivision four of this section the
 commissioner shall, upon application in such cases for the  registration
 of  a snowmobile or the renewal thereof, collect the annual [ninety] ONE
 HUNDRED TWENTY-FIVE dollar fee for residents and  [ninety]  ONE  HUNDRED
 TWENTY-FIVE  dollar  fee for nonresidents and a [thirty-five] FIFTY-FIVE
 dollar fee for residents and [thirty-five]  FIFTY-FIVE  dollar  fee  for
 nonresidents  who  provide proof, at the time of registration, that such
 individual is a member of an organized New York  state  snowmobile  club
 that  is  a  member of the New York state snowmobile association or is a
 member of an organized New York state snowmobile club that  is  a  trail
 maintenance entity and a member of the New York state snowmobile associ-
 ation  which  are  imposed by section 21.07 of the parks, recreation and
 historic preservation law. In the event that an individual seeking snow-
 mobile club membership is unable, for any reason, to  secure  such  club
 membership,  he or she may contact the New York state snowmobile associ-
 ation, who shall secure such membership for such person. This fee  shall
 also  be collected from dealers at the time of original registration and
 at the time of each renewal. The  commissioner  shall  effectuate  regu-
 lations  regarding  what is required as proof of membership in an organ-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00328-01-3

 S. 5419                             2
 
 ized New York state snowmobile club that is a trail  maintenance  entity
 and  a  member  of  the  New  York  state snowmobile association for the
 purposes of this subdivision.
   §  2. Section 21.07 of the parks, recreation and historic preservation
 law, as amended by chapter 609 of the laws of 2005, is amended  to  read
 as follows:
   §  21.07  Fee  for snowmobile trail development and maintenance.  1. A
 fee of [ninety] ONE HUNDRED TWENTY-FIVE dollars is hereby  imposed  upon
 the  resident,  and  [ninety]  ONE  HUNDRED TWENTY-FIVE dollars upon the
 nonresident, owner of a snowmobile for the snowmobile trail  development
 and  maintenance  fund  to be paid to the commissioner of motor vehicles
 upon the registration  thereof  in  addition  to  the  registration  fee
 required by the vehicle and traffic law, the payment of which fee hereby
 imposed  shall  be  a  condition  precedent to such individual resident,
 individual nonresident or dealer registration.
   2. Notwithstanding the fee as established in subdivision one  of  this
 section,  an individual resident or nonresident registering a snowmobile
 who provides proof at the time of registration, that such individual  is
 a member of an organized New York state snowmobile club that is a member
 of the New York state snowmobile association or is a member of an organ-
 ized  New  York state snowmobile club that is a trail maintenance entity
 and a member of the New York state  snowmobile  association,  shall  pay
 [thirty-five]  FIFTY-FIVE dollars for each snowmobile for the snowmobile
 trail development and maintenance fund in addition to  the  registration
 required by the vehicle and traffic law. In the event that an individual
 seeking  snowmobile club membership is unable, for any reason, to secure
 such club membership, he or she may contact the New York  state  snowmo-
 bile association, who shall secure such membership for such person.
   §  3.  Subdivisions  3 and 5 of section 27.17 of the parks, recreation
 and historic preservation law, subdivision 3 as amended by section 2  of
 part G of chapter 82 of the laws of 2002 and subdivision 5 as amended by
 chapter 88 of the laws of 1988, are amended to read as follows:
   3. Every county or, where applicable, any city, town or village within
 such county, shall be eligible for a grant for the development and main-
 tenance  of  a  system  of snowmobile trails and a program with relation
 thereto within its boundaries. Such grants shall be made by the  commis-
 sioner  and may constitute up to one hundred percent of the cost of such
 program including expenditures incurred for signs and markers of snowmo-
 bile trails. Any county or, where applicable, any city, town or  village
 within  such county, applying for such grant shall submit to the commis-
 sioner by September first of each year an [estimate of such expenditures
 for the current fiscal year,] APPLICATION in such  form  and  containing
 such  information  as  the  commissioner  may  require. No city, town or
 village may apply for such grant where the county  within  which  it  is
 contained has submitted an application for the same fiscal year. For the
 purpose  of this section, "fiscal year" shall mean the period from April
 first through March thirty-first. The commissioner shall review all such
 applications and shall determine the amount of state aid to be allocated
 to each county or, where applicable, any city, town  or  village  within
 such  county  in  accordance  with the provisions of subdivision five of
 this section. Of the amount the commissioner determines each county  or,
 where applicable, any city, town or village within such county is eligi-
 ble to receive, seventy percent shall be made available for distribution
 by November first and thirty percent for distribution upon demonstration
 of  completion,  submitted by June first[, of the program] FOLLOWING THE
 PROJECT YEAR, OR SUCH DATE AS CONTAINED IN THE APPLICATION.
 S. 5419                             3
 
   5. The amount of state aid to be allocated to each  county  or,  where
 applicable, any city, town or village within such county, shall be drawn
 upon  the monies remaining in the snowmobile trail development and main-
 tenance fund after withdrawal pursuant to subdivisions two and  four  of
 this  section and shall be determined by the commissioner as hereinafter
 provided. [The commissioner shall determine  the  percentage  proportion
 which  the  authorized  expenditures of each individual county or, where
 applicable, any city, town or village within such county shall  bear  to
 the  total authorized expenditures of all the counties, cities, towns or
 villages for snowmobile trail development and  maintenance  pursuant  to
 this  section  during  the fiscal year. Such percentage proportion shall
 then be applied against the amount received in additional  fees  imposed
 by  section 21.07 of this chapter for registration of snowmobiles during
 such fiscal year, to the extent only and not exceeding  the  balance  of
 such  fund  remaining after the payment of expenses as set forth in this
 section. The amount thus determined shall constitute the maximum  amount
 of  state  aid to which each county or, where applicable, any city, town
 or village within such county, shall be entitled. The commissioner shall
 certify to the comptroller the amount thus determined  for  each  county
 or,  where  applicable, any city, town or village within such county, as
 the amount of state aid to be  apportioned  to  such  county  or,  where
 applicable,  any  city, town or village within such county.] THE COMMIS-
 SIONER SHALL ESTIMATE AN AMOUNT THAT IS AVAILABLE  FOR  STATE  AID,  AND
 SHALL  DEFINE  AND  ESTABLISH A BASE RATE PER MILE OF TRAIL, WHICH SHALL
 CONSTITUTE THE BASE GRANT TO EACH LOCAL SPONSOR.    FOR THE PURPOSES  OF
 THIS  SECTION,  LOCAL SPONSOR SHALL MEAN A COUNTY ENGAGING AND ASSISTING
 IN THE DEVELOPMENT AND MAINTENANCE OF A SYSTEM OF SNOWMOBILE TRAILS  AND
 A PROGRAM WITH RELATION THERETO WITHIN ITS BOUNDARIES TO ENCOURAGE SAFE-
 TY, TOURISM AND UTILIZATION, OR IN THE EVENT A COUNTY DOES NOT UNDERTAKE
 SUCH  A  PROGRAM  OR  SYSTEM OF TRAILS, ANY CITY, TOWN OR VILLAGE WITHIN
 SUCH COUNTY WHICH UNDERTAKES THE SAME. SUCH STATE AID SHALL BE  PROVIDED
 AS  DESCRIBED IN SUBDIVISION ONE OF THIS SECTION. THE COMMISSIONER SHALL
 PAY OVER TO THE MUNICIPAL SPONSOR THE THIRTY PERCENT OF THE  OUTSTANDING
 BASE  GRANT UPON COMPLETION OF THE PROJECT. THE COMMISSIONER, IN CONSUL-
 TATION WITH THE DIVISION OF BUDGET, MAY PAY EXPENSES IN  EXCESS  OF  THE
 BASE  GRANT  WHEN  THE  MUNICIPAL  SPONSOR CAN DEMONSTRATE THAT APPROVED
 EXPENSES EXCEEDED AMOUNTS PROVIDED FOR IN  THE  COMBINED  PAYMENTS,  AND
 ADDITIONAL FUNDS ARE AVAILABLE FROM THE SNOWMOBILE TRAIL DEVELOPMENT AND
 MAINTENANCE  FUND. THE COMMISSIONER SHALL CALCULATE ALL EXPENSES SUBMIT-
 TED IN EXCESS OF THE BASE GRANT AND MAY DISTRIBUTE ADDITIONAL AID  ON  A
 PRORATED BASIS TO SUPPORT SUCH EXPENSES.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Senate Bill S5419

Sponsored By

Current Bill Status - Stricken

co-Sponsors

2023-S5419 (ACTIVE) - Details

2023-S5419 (ACTIVE) - Summary

2023-S5419 (ACTIVE) - Sponsor Memo

2023-S5419 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5419

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Sponsored By

Timothy M. Kennedy

Current Bill Status - Stricken

co-Sponsors

Neil D. Breslin

John W. Mannion

Sean M. Ryan

2023-S5419 (ACTIVE) - Details

2023-S5419 (ACTIVE) - Summary

2023-S5419 (ACTIVE) - Sponsor Memo

2023-S5419 (ACTIVE) - Bill Text download pdf

Comments